Privacy Policy

Effective on 13th November 2017

Digital River's Commitment to Privacy

Digital River is a world-class online commerce solution, which offers comprehensive cloud commerce, marketing and payment solutions. We are committed to earning and keeping your trust, while giving you control over the information that is personal to you. Being accountable to you is our responsibility for which we hope to build a lasting relationship. Our commitment to privacy, including processing and protecting personal data, is demonstrated in this privacy policy ("Privacy Policy").

When we make products available for sale through a website, we are doing so as an independent e-commerce reseller of, or service provider for, the Partner (as defined below) whose name and/or logo appears on the Website.

Key Terms

The following key terms shall be used in this Privacy Policy:

Information that can no longer be used to identify a particular person ("Anonymous Information").

Independent data controller has the same meaning as "controller" under Directive 95/46/EC as of October 24th, 1995 or any subsequent data protection legislation such as Regulation (EU) 2016/679 as of May 25th, 2018, and is the natural person or legal entity, which alone or jointly with others, carries out processing of personal data (as defined below) as well as determines the purpose and means of the processing of personal data, composition and kinds of personal data to be processed, and determines actions (operations) with the personal data ("Data Controller" or "Controller").

Data where certain identifiers are removed to prevent a person's identity from being directly connected with the information (such as masking certain personal identifiers) ("De-identified Data").

Processing is permitted if it is necessary for the purposes of legitimate interests pursued by the Controller (or by a third party), except where the Controllers' interests are overridden by the interests, fundamental rights or freedoms of the affected end-users which require protection ("Legitimate Interests").

Information that can be used to identify you, either alone or in combination with other information available to us, such as your name, shipping and billing address, e-mail address, phone number, identification number (where applicable), date of birth (where applicable), time and location data, bank account information, transaction and payment records, delivery records and other information associated with your account, which is collected by us during delivery of our commerce solution ("Personal Data").

Digital River may resell products through transactions via its commerce solution, and will generally be the seller and merchant of record for such transactions ("Seller and Merchant of Record").

Special categories of data require a heightened level of protection under data protection legislation in some jurisdictions, such as processing that reveals health, racial or ethnic origin ("Special Categories of Data")i.

Any applicable data protection safeguards, as may be amended or replaced, for the transfers of data to Controllers established outside of the EU/EEA that do not ensure an adequate level of protection ("Standard Contractual Clauses").

Supervisory Authority (or its equivalent under any data protection legislation) is the independent public authority to whom consumers may lodge a complaint ("Supervisory Authority").

Data Controller, How to Contact Us, and Processing of Your Data

Controller(s) Responsible for Your Data. The Digital River entity that is the Data Controller will vary depending on the site you visit, your transaction with the Website and contractual language.

How to Contact Us. If you have a question about this Privacy Policy or requests related to your Personal Data pursuant to applicable laws, no matter where you are in the world, please email us at privacy@digitalriver.com, and we will route your question appropriately. If you prefer to contact us by regular mail, please refer to the contact information as found on the "Contact Us" section of our Website displayed by region.

Processing of Your Data. Your commerce request, and therefore your Personal Data, will be optimally processed in or near the region from which you initiated your session. This means that the processing of your Personal Data will take place in either the United States and/or Ireland.

Appropriate Safeguards for Cross-border Transfer of Your Data. If you are located in the EU/EEA, any transfer of your Personal Data outside of the EU/EEA is protected under Standard Contractual Clauses, or any subsequent data protection safeguards. Your Personal Data may be transferred to Digital River, Inc.'s servers in the United States for the processing of your Personal Data in the United States. Your Personal Data may also be transmitted by us to other Digital River entities for the purposes set out in this Privacy Policy, for company administration purposes, and to other third party data processors.

Digital River, Inc. as the Controller. Digital River, Inc., including our subsidiaries ("Digital River," "we," "us," and "our") owns and operates this website, which may include a software application, our products and services, and any other related commerce solution where this Privacy Policy appears ("Website"). Generally, any Personal Data collected by visiting this Website is controlled by Digital River, Inc., 10380 Bren Road West, Minnetonka, Minnesota 55343, USA ("Data Controller"). However, at times, another Digital River entity is the Data Controller as noted directly below.

Digital River Ireland, Ltd. as the Controller. Where Digital River Ireland Ltd. is the seller and merchant of record, then any Personal Data provided to or collected by visiting the Website is controlled by Digital River Ireland Ltd., Unit 153, Shannon Free Zone West, Shannon, Co. Clare Ireland ("Data Controller").

Digital River GmbH as the Controller. Digital River GmbH is part of the Digital River group of entities, a leader in e-commerce reselling services, and the authorised reseller of the products and services offered on the MyCommerce Share-it site. Here, any Personal Data provided to or collected by visiting the MyCommerce Share-it site is controlled by Digital River GmbH, Scheidtweilerstrasse 4 Cologne 50933 Germany ("Data Controller").

Other Digital River entities as the Controller. For purposes of transactions that are made through another Digital River entity, that Digital River entity could be the Data Controller. Please refer to the section above, "Processing of Your Data", which explains where your Personal Data will be processed globally.

Lawful Basis for Processing of Data

In certain jurisdictions, the processing of your Personal Data is lawful only if it is permitted under data protection legislation. In this case, we have a lawful basis for each of our processing activities (unless an exemption applies) as outlined below:

Consent. By using our Website or otherwise submitting your Personal Data to us, you consent to our collection, use and sharing of your information as described in this Privacy Policyii. If you do not consent to this Privacy Policy, please do not use this Website or submit your information through this Website.

Legitimate Interest. We will process your data based on Legitimate Interest, and particularly where it is used for marketing purposes, such as to collect data from public sources and to contact prospects to start a conversation. We may also process your data based on Legitimate Interest in the employment contextiii.

Other Lawful Basis. We may also process your data based on another lawful basis such as where the processing is necessary to enter into or perform a contract with you.

Scope of this Privacy Policy

Background and Purpose

This Privacy Policy applies to each Website operated by Digital River where this Privacy Policy appears. If you are purchasing products through a Digital River subsidiary, please note that this Website is hosted and/or operated by Digital River under an agreement with the subsidiary who is listed as the seller of products in the terms of sale on this Website. The purpose of this Privacy Policy is to provide you with information on how we:

collect Personal Data and other information when you use this Website;

use, handle and disclose collected information; and

choices you have about the ways we collect and use the information.

Changes to this Privacy Policy

We may update this Privacy Policy to communicate changes in our data handling practices. When we make changes to this Privacy Policy, we will modify the Effective Date. Our changes will become effective immediately upon posting. A link to our previous policy is included at the end of this Privacy Policy.

Supplemental Privacy Notices

This Privacy Policy may be supplemented or amended by other privacy notices appearing on the Website. Such privacy notices will explain how we handle information specific to where that privacy notice appears, and should be read together with this Privacy Policy.

Partner or Other Third Party Privacy Policies

This Privacy Policy only applies to the use of information we collect from you through this Website and any other website on which this Privacy Policy appears. Our Website may be co-branded with the information of the company whose product you are purchasing ("Partner"). However, this Privacy Policy does not apply to information collected directly by our Partners or any other third party as we do not control these other privacy policies. Please carefully review each privacy policy posted on each website you visit.

Terms of Sale

Using or submitting Personal Data through the Website, shall also be governed by our Terms of Sale.

How We Protect Your Information

Digital River takes reasonable steps to provide a level of security appropriate to the sensitivity of the information we collect. We have implemented physical, technical and administrative security practices and safeguards reasonably designed to protect your Personal Data from unauthorised access and disclosureiv. When we collect or transmit sensitive information such as a financial account number, we use industry standard methods to protect that information as required by applicable laws. Although we use reasonable measures to protect your information, we cannot guarantee the security of information provided over the Internet or stored in our databases. You are also responsible for taking reasonable steps to protect your information against unauthorised disclosure or misuse, for example, by protecting your password and logging off when finished using a shared computer or mobile device. We leverage industry best practices to mitigate potential compromises. If the Personal Data under the custody of Digital River is (or is likely to be) divulged, damaged or lost, we will immediately take remedial measures, inform the users in a timely manner and report to the competent government agencies as required by applicable laws.

Collection of Information, including Use of Cookies

Information You Manually Provide

We collect Personal Data from you when you use this Website such as:

when you provide information during a purchase of a product or service,

when you request information about or otherwise use the Website,

when you enter into a contest or promotion, sign-up for a newsletter or related services,

when you submit an order or purchase, download or register products, or request additional services,

when you call our customer service, you may voluntarily provide information to our representatives, and

when you apply for a job opening or otherwise submit employment data to us.

Special Categories of Data

Generally, Special Categories of Data will not be collected or processedv. However, there could be a situation (such as for employment purposes) where such data may be processed. In this case, we will be sure to comply with applicable data protection legislation, including relying on the necessary legal grounds to process the data (e.g., processing health data for an insurance contract). We shall use reasonable security practices and procedures to safeguard your Special Categories of Data

Information from Your Browser or Device

We may also receive information from your web browser. This may include information that does not identify you personally (such as the date and time of your visit). The information we receive depends on the settings on your web browser. If you created a user identity during a visit to this Website, this shall be regarded as giving your consent for processing your Personal Data, if any, and we may link the information provided by your browser to information that identifies you personally, as described below. Please review the settings on your web browser to learn how to change your browser settings. We may also collect limited Personal Data (e-mail address) through web technologies in connection with your use of a Website, as described below

Cookies and Other Similar Technologies

The information we collect using cookies and similar technologies is not typically personally identifiable, but we may link it to Personal Data that you provide. We use cookies and other similar technologies to collect information and support certain features of this Website. As the Internet evolves, we may use different types of technologies for this purpose. For example, we may use these technologies to collect information about the ways visitors use this Website (such as which pages they visit, links they use). We analyse this information to better understand our visitors' interests, needs and to improve the content and functionality of the Website. We also use the information to support Website features by not asking you to re-enter information already in our database. We also use this information to personalise your experience when you use the Website and to improve our marketing efforts, including through use of targeted advertising.

If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies, you may be unable to use all of the Website functionality if your browser rejects our cookies.

Information about Third-Party Cookies and Other Technologies

Web technologies may also be placed on this Website by third party providers. Also, we or third party providers may place web technologies on behalf of the Partner whose branding appears on this Website or its service providers. In this way, our Partner would be allowed to use the data collected. This information is used to enhance your experience with the Website, for marketing analysis, for targeted and display advertising, and for quality improvement. We may collect your IP address through web technologies.

We and our Partners use third party service providers in connection with this Website, which may include Alexa Metrics, SeeWhy, Google Analytics and Omniture, and ClickTale. These and other service providers may collect information about your visits to websites, your interaction with that website, and the products and services offered by us, our Partners and our suppliers. Their collection and use of information is subject to their own privacy policies. Please visit the applicable third party service provider if you would like to opt-out per below:

Do Not Track Requests

If you opt-out of having your information collected through cookies and other web technologies, your existing display advertising cookie(s) will be deleted and a new cookie will attempt to be placed that instructs service providers not to track your future activities when that cookie is detected (a "no-track" cookie). If your browsers are configured to reject cookies when you visit our opt-out page, a "no-track" cookie cannot be set on your computer. Also, if you subsequently erase "no-track" cookies, use a different computer or change web browsers, you will need to opt-out again. We currently do not respond to browser "no-track" signals.

Information from Third Parties

We may also receive certain information about you from third parties such as through your use of a social network authentication to sign-in to this Website, or through other online data sources, according to the rules of the use and processing of such information established by the respective online data sources. If any Special Categories of Data are freely available or accessible in the public domain, we will not have any obligations to you regarding the same.

Location Information

When you use a smart phone, mobile device or computer to access our Website or use our mobile application, we may collect information about your physical location. We may combine this information with other location-based information (e.g., your IP address and billing/postal code), to provide you with other services on your mobile device. We share your location information only with third parties that help us provide you with services. You can opt-out of sharing this information by changing the permissions in your mobile device.

Use and Sharing of Information

Your Personal Data provided will be processed on our computer servers. In some cases (such as where it is necessary to fulfill our contractual obligations to you) the information may also be made available to third parties providing services to Digital River.

How We Use Your Data

We may use your Personal Data for the following purposes:

to contact you if you have requested communication from us,

to determine the country where you are located such as for trade compliance, security and fraud prevention,

to otherwise verify compliance with applicable laws,

to help verify that data we have about you is accurate,

to provide you with product updates, special offers and other promotional information, either on our own behalf or on the behalf of a Partner, where you have consented to receive it and in accordance with applicable law,

in connection with keys, access codes or other information so you can access the websites or services of our Partners to receive products or services,

as identified in a supplemental privacy notice posted on the Website, and

for Human Resources such as to collect your email address if you are applying for a position online.

We may also use your Personal Data for the following purposes where you visit the Website to complete a transaction:

to process your order, process payment, verify your tax status, contest chargebacks, determine your eligibility for a line of credit, or notify you of the status of your order,

for fraud monitoring and prevention purposes,

to provide you with a personalised shopping experience,

to register your purchase with the manufacturer or service provider for warranty, technical support or similar purposes,

to provide notice of your purchase to the provider of an online service for which you purchase a service use right from us,

to establish an account for future purchases that you have consented to,

to facilitate the renewal of subscriptions for products or services, and

to provide you with an effective experience and support (which may, as allowable by law, include contacting visitors who start a checkout process to follow-up on the incomplete session or to see if there was a problem with their use of the Website).

We will take reasonable steps to ensure any person or entity receiving Personal Data for the purposes described above, are obligated to keep the Personal Data secure. If any Special Categories of Data are being collected, received or retained by an external entity, details of such entity will be shared with you if required by applicable law. Our obligations will not, apply to information shared with any Government entity mandated under law to obtain such information or by an order under law for the time being in force.

Automated Processing

In limited situations, we may use your Personal Data to help us make automated decisions to further improve our business. For example, in the context of marketing, we could use data to segment and target users with personalised messages. For example, we may use a job title to determine the users' persona and alter the content accordingly. We may also use that users' geographic location and company data. In some circumstances, for account-based marketing, this could include "likes" that we find in the public domain.

Also, we rely on fraud monitoring to help us reduce the need to manually review orders for fraud. We could also rely on automated processing in the context of employment and to ensure our employees are adhering to our internal security policies. You have the right to avoid any decisions based on automated data processing where they can be characterised as profiling. However, in this case, we reserve the right not to complete your transaction.

Our Use of Anonymous Information

We may use Anonymous Information collected by us. In this case, the following data elements will be anonymised such as first and last name, street address, phone number, email address and other data elements in accordance with applicable law. The Anonymous Information may be used as described here:

to personalise and support your use of this Website and/or the services of our Partners,

to improve this Website, the customer experience, our advertising systems, and our products and services,

for fraud prevention purposes, such as device fingerprinting,

to identify transactions as originating through an affiliate marketing or referral program,

to deliver targeted advertisements on this Website and other commerce solutions,

to provide reporting to our current and prospective Partners and service providers, and

for other historical, statistical, research and analysis purposes.

We may also use De-identified Data for the purposes mentioned above, and related purposes as allowed by applicable law.

Our Partners

We will provide certain Personal Data, Anonymous Information or De-identified Data to our Partners to fulfill our obligations to you, and otherwise assist Digital River's use of Personal Data as described in the "How We Use Your Data" section:

for reporting purposes,

to allow our Partner or its service provider to register your purchase,

to enable your access to products or services provided by our Partner or its suppliers,

to facilitate warranty, technical support or after-sales service,

to allow our Partner or subcontractor to send email or direct mail communications if you have consented to receive them,

to allow our Partner or its service provider to provide services in connection with this Website (such as customer support or single sign-on functionality), or

for similar purposes in order to fulfill obligations to you.

Our Service Providers

We utilise other companies, including our corporate affiliates, to provide certain services to us or on our behalf to help us operate our business such as:

to host or maintain this Website,

to process credit card payments,

to provide fraud monitoring or detection services,

to perform data integrity checks,

to offer you a line of credit,

to provide optimisation services,

to fulfill your order,

for payment collection,

to deliver advertisements on this Website and third party websites,

to send mail or e-mail,

for purposes related to employment and Human Resources, and/or

to provide customer service.

We will not share your Personal Data with our service providers in connection with their offering of services to us, unless it is required for the purposes of our Legitimate Interests and purposes of fulfilling our obligations as to delivery of our commerce solution to you. These service providers may be contractually required to use any information we share with them only to perform services to us or on our behalf and to protect the confidentiality of your Personal Data. We may also allow these companies to use Anonymous Information for their business purposes. We will not share your Personal Data with our affiliates or unrelated third parties to use for their own marketing purposes without your consent.

To Comply With Legal Requirements, Prevent Fraud and Crimes

As permitted by applicable law, we may disclose Personal Data or Special Categories of Data about you when we believe disclosure is appropriate to:

to comply with the law or a regulatory requirement,

to comply with governmental, administrative or judicial process, requirement or order (such as a court order),

to cooperate with law enforcement or other governmental investigations or report any activities that may be in violation of legal or regulatory requirements,

to prevent or investigate a possible crime (such as fraud or identity theft) or breaches (also suspected breaches) of security or of this Privacy Policy,

to enforce a contract,

to protect the legal rights, Website or safety of Digital River and our employees, Partners, third parties, the public in general or youvi.

In Connection with a Sale, Merger or related Event

If one of our corporate affiliates or a third party has acquired our business, specific assets or the business of one of our operating divisions (such as part of a sale, merger, reorganisation, or similar event), your Personal Data will become owned by that company, unless otherwise provided for by the local legislation. In that event, the acquiring company's use of your Personal Data will be subject to the governing Privacy Policy, any applicable supplemental privacy notices, and the privacy preferences you have expressed to the governing entity.

Your Choices

We respect your right to make choices about the ways we collect, use and share your Personal Data.

Access to Your Information

If you would like to review, correct, restrict the processing thereof, object to direct marketing, or request erasure of your Personal Data or Special Categories of Data, please send us a request using the information in the "How to Contact Us" section of this Privacy Policy. For example, if there is any error in the Personal Data that you have submitted to us, please contact us and we will take appropriate measures to correct the error.

If you contact us we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements as noted in our data retention policy. When we delete your Personal Data or Special Categories of Data, it will be disposed of in a manner that prevents loss, theft, misuse, or unauthorised access in-line with our data retention policy.

You have the right to report to your local Supervisory Authority where you feel as though your rights under data protection legislation have not been appropriately considered. However, before doing so, please contact us directly as we are committed to working with you to help resolve any concerns about your privacy

Data Retention Policy

Digital River may retain your Personal Data for as long as you continue to use our Website, and thereafter as permitted or required by applicable law or to satisfy our business requirements.

Marketing and Related-Communications

When you provide Personal Data, we may offer you a choice as to whether you would like to receive further marketing and related communications from us or our Partners. These communications could be in the form of direct mail, email or telephone and will contain information to inform you of our products and services. You may opt-out of receiving these communications by e-mailing us at remove@digitalriver.com, or by following any unsubscribe instructions in e-mail communications.

If you give us consent to add your contact information to our Partner's mailing list and later withdraw this permission, you must contact our Partner (or follow the unsubscribe instructions in the e-mails from our Partner) to have your name removed from our Partner's mailing lists.

Children's Privacy

This Website is not directed at nor targeted to children. If you have not reached the age of majority or are not able to enter into legally binding agreements in your country, you may not use this Website unless necessary parental consent has been obtained. If you believe that we have received information from a person protected under child protection laws where necessary parental consent was not obtained, please notify us immediately, and we will take reasonable steps to securely remove that information.

i In case we need your written (or other form of) consent for processing your Personal Data, the Data Controller will process such Personal Data only with your respective consent and under the terms of this consent.

ii Only if such processing is not prohibited under the applicable law.

iii Please also refer to the grounds provided for by the applicable local law.